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SAN ANTONIO STATE HOSP. v. COWAN

No. 02-0348.

128 S.W.3d 244 (2004)

SAN ANTONIO STATE HOSPITAL, Petitioner, v. Kimberly COWAN, et al., Respondents.

Supreme Court of Texas.

Decided January 9, 2004.

Attorney(s) appearing for the Case

Jeffrey D. Janota, Office of Atty. Gen., Austin, for Mae Katherine Ramsey, R.N., Donna Remo, R.N., Arthur Sanchez.

Cherie Kay Batsel, Office of Atty. Gen., Austin, for James E. Soler, M.D.

Greg Halbrook, Office of Attorney General, Austin, for Thomas H. Williams, M.D.

Greg Abbott, Office of Atty. Gen., Howard G. Baldwin, Jeffrey S. Boyd, John Cornyn, Atty. General's Office, Phillip A. Lionberger, Julie Caruthers Parsley, Brown McCarroll, L.L.P., Lisa Royce Eskow, First Asst. Atty. Gen., Austin, Joseph Hughes, Wayne Wright LLP, San Antonio, for petitioner.

Sandra Helena Wadiche, Office of Solicitor Gen., Alex M. Miller, A. Wayne Wright, Office of Atty. Gen., Austin, Bill D. Blanton, Watts & Heard, LLP, Richard W. Hunnicutt, Allen Stein & Durbin, PC, San Antonio, for respondents.

Justice HECHT delivered the opinion of the Court.

Section 101.021(2) of the Texas Tort Claims Act waives governmental immunity for death caused by a use of tangible personal property.1 The issue here is whether merely providing someone with personal property that is not itself inherently unsafe is a "use" within the meaning of the Act. We hold that it is not and accordingly reverse the judgment of the court of appeals

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